A PECULIAR CASE

New Zealand Times, Volume XLVI, Issue 10608, 5 June 1920, Page 4

A PECULIAR CASE

THEFT OF A DRESS

UNUSUAL SHOPPING INCIDENT IN COURTENAV PLACE.

A charge of/theft in which Llewelyn Hathaway anfl Florence- May Smith were concerned, came before Mr W. G. Riddeil, S.M., in the Magistrate's Court yesterday morning.

Each defendant was charged with tho theft- of a dress valued at about £S 10s, tho property of Nellie Walsh. Mr H. F. O'Jioary appeared for Hathaway, -and Mr P. W. Jackson for Smith.

Hannah McMahon, employed by Miss Walsh, milliner, Courteiiay place, said that on May l'iih the. accused Smith came into the shop to purchase a jersey. Miss Walsh attended to her, and Smith went behind a counted' to try some jerseys on. While doing so, Hathaway came in and helped Smith to choose a jersey, he being apparently a friend of the leniato accused. Miss W'.ilsh handed a jersey over to witness to wrap up, and Hathaway tendered a- £5 note to Miss Walsh in payment. Smith then came from behind the counter, and Hathaway told her to go out. to the car and he would bring the parcel out. Hathaway io-1-lowecl shortly afterwards. When Smith 'was trying the jerseys on witness noticed a dress lying across the counter close to* her. Nellie Walsh said that she had been showing the dress produced to a customer prior to the accused entering tiie shop. Plainclothes Constable Walsh stated that- he interviewed the accused Smith at 72, Cambridge terrace, and she made a statemeut to him which was to the effect that sho met Hathaway and had a number of drinks with him. He 'accompanied |ier to Miss Walsh's premises, and alter she had purchased a jersey, at his ins-igatiou, she gave him a. -Co no.e to pay for it. Earlier in the day she had criven liathawav £3i as he said be was short. When in tho shop he toid her to go omsiae, and 'handed her a paieti. Hathaway and another man went out to Petone wi.h her to the Grand National Hotel, wut-re_s.hu was then employed. When Hathaway was interviewed he said that he ami not s.en Smith for a fortnight and bad not been "til a. draper's shop with her. Her statement was read to him, and he replied that ho remembered tho incident, but that it was seven or eight weeks ago. The dress'was found at* 72,» Cambridge terrace, where the accused Smith wus residing.' The accused Hal ha way, when tho witness-box, denied all knowledge of the dress, and added that he had never seen it before it was shown to him at the police station. To Chief-Detective Ward: He had known Smith for a number of years. Sho was tho co-respondent in a divorce oxiso which his wife brought against him. He had given Smith up •two years ago on account of her drinking habits. When he lived with Smith 'ho supplied her with articles of clothing. Smith said in evidence that tho dress was of no use to her as it was too small. She reiterated the . statement sho gave to tho police and added that when she went into MiVs Walsh's simp sho was somewhat muddled with liquor. In answer to Mr 0 .Leary she admitted that v she had sewed _ threo months' imprisonment . at_ WaipukuTau for stealing ladies' raiment. The magistrate said ih.it the accused did not appear to have worked in concert, but the part taken by the male defendant was not at all creditable to him. There was a doubt as regards Hathaway, and tho charge against- him would be dismissed, 'iho female accused appeared to have been under the influence of liqupr at the time and she would be given a chance. She would be convicted and fined i'o, in default of payment to bo imprisoned for one month.